SEKAR REPORTER

Court News from Madras High Court

Patta case order MR. JUSTICE N. SATHISH KUMARWP.No.25755 of 2021 and W.M.P.No.27207 of 2021A.Subramani .. Petitioner

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.25755 of 2021 and W.M.P.No.27207 of 2021
A.Subramani .. Petitioner
Versus
1.The District Collector
Kancheepuram, Kancheepuram District
2.The District Revenue Officer
Kancheepuram, Kancheepuram District
3.The Revenue Divisional Officer
Kancheepuram, Kancheepuram District
4.The Tahsildar
Uthiramerur Taluk, Kancheepuram District
5.Muniammal .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the impugned order dated 04.10.2021 in Na.Ka.No.5156/2021/Aa4 by the 2nd respondent and quash the same.
For Petitioner : Mr.S.Saravanakumar
For Respondents : Mr.P.Sathish for R1 to R4
Additional Government Pleader
No appearance for R5
ORDER This writ petition has been filed challenging the order of the second respondent and quash the same.

  1. It is the case of the writ petitioner that the subject property was in possession of his father and the patta is also issued during the settlement proceedings. The petitioner after his demise became entitled to property since other legal heirs released their share by release deed in the year 2019. The petitioner has also put up a construction and is in possession of the property. Since the 5th respondent has made an attempt to encroach upon the property, he has filed a suit in O.S.No.39 of 2019 and also obtained interim injunction from the 5th respondent. When the matter stood thus, the fifth respondent has filed an application before the third respondent alleging encroachment by the writ petitioner and sought retrieval of land. The third respondent has passed an order directing the fourth respondent to cancel the patta issue in petitioner’s favour restore the patta in whole status. Challenging the said order, revision has been filed by the petitioner, by order dated 29.07.2021, the second respondent has stayed the order, however, again on 04.10.2021, the stay order has been vacated and restored the order of the third respondent/original authority. Challenging the same, this writ petition.
  2. Counter has been filed by the fourth respondent, according to them,
    the enquiry has been conducted by the third respondent on 23.01.2021 in Na.Ka.No.149/2020 and upon examination of the document produced by both sides and the report furnished by the fourth respondent, the third respondent has passed an order. Hence, opposed the writ petition.
  3. Despite the name being printed in the cause list, none appeared for the fifth respondent. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 and perused the materials placed on record. By consent, this writ petition is taken up for final disposal.
  4. At the outset, this Court is of the view that the very application itself is given by the fifth respondent for recovery of possession of the property. Admittedly, the suit is also pending in O.S.No.39 of 2019 before the District Munsif Court, Uthiramerur. Such being the position, when the civil suit is already pending between the parties, there cannot be any parallel proceedings by the revenue officials to transfer of patta. If at all, the fifth respondent wants to establish her title, it is for her to establish her right before the Civil Court. Therefore, the order of the authorities changing the patta during the pendency of the Civil Court stands quashed.
  5. Accordingly, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.
    02.07.2024
    dhk
    Index :Yes/No
    Internet :Yes/No
    Neutral Citation : Yes/No 
    To
    1.The District Collector
    Kancheepuram, Kancheepuram District
    2.The District Revenue Officer
    Kancheepuram, Kancheepuram District
    3.The Revenue Divisional Officer
    Kancheepuram, Kancheepuram District
    4.The Tahsildar
    Uthiramerur Taluk, Kancheepuram District
    N. SATHISH KUMAR, J.
    dhk W.P.No.25755 of 2021
    02.07.2024

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